Sir, Katy Balls is right that the role of the European Court of Justice (ECJ) is likely to prove the most contentious aspect of any settlement with the EU over the Northern Ireland protocol (“Risk-averse Rishi is about to get radical”, comment, Feb 3). However, there is a perfectly workable solution available, one that was hinted at in your report earlier this week (“Britain and EU set for Northern Ireland deal”, Feb 1). This involves drawing a distinction between different aspects of the ECJ’s jurisdiction.
On the one hand, certain rules of European Union law (essentially those relating to the free movement of goods) continue to apply directly in Northern Ireland. It must, therefore, remain possible for courts in Northern Ireland to refer
